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MATTER OF CANCIO v. AXELROD

161 A.D.2d 463 (1990)

In the Matter of Alan Cancio, Petitioner, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 22, 1990

There is substantial evidence in the record to support respondent's determination that petitioner, while working as an orderly on July 24, 1985, committed patient neglect (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176). It is well established that the Hearing Officer is in a unique and advantageous position to assess issues of credibility and, therefore, the court will not substitute its judgment...

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